Bill Text: TX SB1373 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the imposition and collection of fines, fees, and court costs in criminal cases.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2021-05-24 - Effective on 9/1/21 [SB1373 Detail]
Download: Texas-2021-SB1373-Enrolled.html
S.B. No. 1373 |
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relating to the imposition and collection of fines, fees, and court | ||
costs in criminal cases. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42.15(a-1), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a-1) Notwithstanding any other provision of this article, | ||
during or immediately after imposing a sentence in a case in which | ||
the defendant entered a plea in open court as provided by Article | ||
27.13, 27.14(a), or 27.16(a), a court shall inquire on the record | ||
whether the defendant has sufficient resources or income to | ||
immediately pay all or part of the fine and costs. If the court | ||
determines that the defendant does not have sufficient resources or | ||
income to immediately pay all or part of the fine and costs, the | ||
court shall determine whether the fine and costs should be: | ||
(1) subject to Subsection (c), required to be paid at | ||
some later date or in a specified portion at designated intervals; | ||
(2) discharged by performing community service under, | ||
as applicable, Article 43.09(f), Article 45.049, Article 45.0492, | ||
as added by Chapter 227 (H.B. 350), Acts of the 82nd Legislature, | ||
Regular Session, 2011, or Article 45.0492, as added by Chapter 777 | ||
(H.B. 1964), Acts of the 82nd Legislature, Regular Session, 2011; | ||
(3) waived in full or in part under Article 43.091 or | ||
45.0491; or | ||
(4) satisfied through any combination of methods under | ||
Subdivisions (1)-(3). | ||
SECTION 2. Article 43.015(3), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(3) "Cost" includes any fee, including a reimbursement | ||
fee, imposed on a defendant by the court [ |
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SECTION 3. Article 45.004, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 45.004. GENERAL DEFINITION. Unless the context | ||
clearly indicates otherwise, in [ |
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any fee, including a reimbursement fee, imposed on a defendant by | ||
the justice or judge [ |
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SECTION 4. Article 103.0081, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 103.0081. UNCOLLECTIBLE FINES AND FEES. (a) Any | ||
officer authorized by this chapter to collect a fine, reimbursement | ||
or other fee, or item of cost may request the trial court in which a | ||
criminal action or proceeding was held to make a finding that a | ||
fine, reimbursement or other fee, or item of cost imposed in the | ||
action or proceeding is uncollectible if the officer believes: | ||
(1) the defendant is deceased; | ||
(2) the defendant is serving a sentence for | ||
imprisonment for life or life without parole; or | ||
(3) the fine, reimbursement or other fee, or item of | ||
cost has been unpaid for at least 15 years. | ||
(b) On a finding by a court that any condition described by | ||
Subsection (a) [ |
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order the officer to designate the fine, reimbursement or other | ||
fee, or item of cost as uncollectible in the fee record. The | ||
officer shall attach a copy of the court's order to the fee record. | ||
SECTION 5. The changes in law made by this Act apply to a | ||
fine, fee, or cost imposed before, on, or after the effective date | ||
of this Act. | ||
SECTION 6. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1373 passed the Senate on | ||
April 28, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1373 passed the House on | ||
May 8, 2021, by the following vote: Yeas 129, Nays 8, one present | ||
not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |